Dave Pear's Blog

Guys,
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A few comments from the notes I took down during the Santa Clara Law Sports Law Symposium:
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I was able to catch De alone for a few minutes outside at the coffee urn. He acted like he didn’t know who I was. Maybe he doesn’t??? In any event, I told him that I would really appreciate the opportunity to sit down with him and discuss disability. He told me to send him an e-mail!
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I received compliments from at least two guys who were amazed that I could hold my tongue during my presentation! I did directly ask him one question in my presentation – and he never answered it. It was about the new neuro-cognitive benefit – which I think is more PR or window dressing than a measure which will actually help any retired players.
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I thought he was taking down a lot of notes during my brief presentation – in fact, one of the audience members said that he was. However, when I looked over at him after I was finished, all I saw on the paper were doodles!
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De was the keynote speaker before our panel – the topic was concussions. However, other than saying that concussions were the NFL’s most significant health issue in the past five years, he did not speak at all about concussions. Rather, he said, “We need a broader discussion on health issues…(including) diabetes and heart disease… (as well as obesity).”
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One former player said that his talk was more like a commencement address, as it was filled with generalities and platitudes: “Our proper goal should be what is right and what is fair.” (Duh!) He also said to be, “…radical in your thoughts, unyielding in your criticism, with the goal of seeking justice.”
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Someone in the audience called out “My cow died!”
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De continued, unfazed, until the guy yelled out again “My cow died!”
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Somewhat rattled, De asked “What do you mean?” To which the heckler replied “I don’t need your bull anymore!”
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Now I can Dig That!
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Not a word about retired players. Not a word about the Legacy fund. Most unfortuately, there was no time for questions and De made a dash for the door with Delvin Williams and Irv Muchnick trying to ask him questions.
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Well, at least he showed up…
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John Hogan
Disability Attorney & Retired Players Advocate
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Posted with the express consent of Irv Muchnick:
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Notes on NFLPA Boss DeMaurice Smith at Santa Clara Sports Law Symposium

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EDITOR’S NOTE: Thursday Evening – Irv Muchnick was one of the journalists attending the symposium and provides some notes about confronting DeMaurice Smith on Dave Duerson’s votes while on the Disability Board. Read his post by clicking HERE.
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Will wonders never cease? NFLPA Executive Director DeMaurice Smith actually showed up this year for the Second Annual Santa Clara Law Sports Law Symposium. (Hey – we always gotta give credit where it’s due!) If you’ll recall, Smith was a very prominent no-show at last year’s symposium, citing “personal reasons” for not appearing. Disability attorney John Hogan is there again this year, along with retired players’ attorneys, Michael Hausfeld and Shawn Stuckey. Apparently, De Smith is the keynote speaker on sports concussions and John Hogan and Shawn Stuckey will be two of the panelists. Hall-of-Famer Jim Brown is the Special Guest this year. Click HERE to visit their site and look over the speaker list.
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John has also provided us with an advance copy of his symposium White Paper: Concussions, Brain Injury and NFL Disability. This 23-page document is one of the best encapsulated overviews on brain injuries and how the NFL and the NFLPA is dealing (or not) with the long-term effects of concussions and the subsequent long-term needs of its former employees. This is a must-read for everyone.
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We’ve just uploaded a full copy of John Hogan’s document to Scribd for easy viewing and to make it downloadable for printing. You can also click the Enlarge icon in the center of the menu at the bottom of the viewing screen to go Full Screen for easier reading (just hit the ESC key to close):
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John Hogan Santa Clara Sports Law Symposium Paper
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EDITOR’S NOTE: Disability Attorney John Hogan is in flight on his way once again to the Second Annual Sports Law Symposium being held at Santa Clara Law campus. This year’s theme will cover Intensifying Sports Law Issues: Concussions, Steroids, Labor Strife and the Use of Player Images. You can visit their Symposium page by clicking HERE. Some of you may recall that DeMaurice Smith, Executive Director of the NFLPA, was invited to speak at last year’s Symposium but turned out to be a no-show (for “personal reasons” – you can read that post from last year by clicking HERE). Well, John Hogan and a few other attorneys are also attending this conference with questions in hand on behalf of the retired football players that Mr. Smith is supposed to be representing. Wonder if he’ll have another excuse not to show up again this year? Great example for the current players, DeMaurice: If you don’t like the team you’re playing against, just don’t show up… Guess that’s why they pay you the big bucks.
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Meanwhile, John has taken more time to look over the new CBA and has additional observations to report while in mid-flight. It’s interesting that with so many experts and big mouths over at the NFLPA, the silence is absolutely deafening as we continue to miss one deadline after another on providing more clarification and details on key issues that matter to retired players issues. Here are John’s latest findings:
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I’m on the plane just entering California airspace now. It will be interesting to see if De Smith shows up at the Symposium this year.
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I’ve finally had a chance to read the new CBA disability provisions in greater detail and the best way I can sum them up is that if you haven’t been screwed yet, you might be OK. If you’ve already been screwed, there are no remedial provisions.
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I do not understand the new neuro-cognitive disability benefit or who they expect it will help. You have to be vested; you CAN’T be on LoD or Total-and-Permanent AND you have to be under 55! I guess it might be available for some guys who are still working but who can work with a cognitive impairment? (Other than as a fiduciary of the Plan and/or sitting on the Retirement Board? And even that was part-time work.)
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Also, as I have previously indicated, this $30,000 earnings provision will be more of a problem than a help. Do you realize that $30,000 per year equates to a full-time job at $15 per hour? How many guys who have been (or will be) denied disability because they supposedly could do some simple sedentary work would have been able to find an unskilled sedentary job that paid (or pays) that much? Will they continue to reject disability applications out of hand without finding out some information about the work? If a guy is working, but earning less than $30,000 – will they even process his application?
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John Jogan
Disability Attorney
Retired Football Players Advocate
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NFLPA Executive Director DeMaurice Smith did not show up this morning for a one-day Sports Law Symposium at Santa Clara Law (click HERE to see today’s schedule) at which he was to participate on a concussions panel. The panel was focused on Athletic, Legal, Medical and Moral Issues of concussions. Other members on the panel included Disability Attorney John Hogan, Craig de Recat (partner with Manatt Phelps & Philips, lead attorneys – Players Inc. GLA lawsuit), New York Times journalist Alan Schwarz, Jim Brown (NFL Hall of Fame), Michael Dillingham (former team doctor – San Francisco 49ers) and Ben Lynch (retired NFL player and advocate). Everyone else showed up.

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